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Legally Speaking

Justice Ruth Bader Ginsburg: A Sentinel of Justice

Justice Ruth Bader Ginsburg: A Sentinel of Justice

21 Sep 2020 09:03 AM IST

“If you want to be a true professional you will do something outside yourself. Something to repair tears in your community. Something to make life a little better for people less fortunate than you. That’s what I think a meaningful life is—living not for oneself, but for one’s community.” –Justice
Afspa: The way forward

Afspa: The way forward

21 Sep 2020 08:44 AM IST

J&K perhaps has a new normal. A rollback of the changes, with the restoration of Article 370, though being demanded by certain political parties, is quite unlikely. There is no political space for it at the national level. It was only a temporary provision, which rightfully stands nullified. Sooner than
Democracy, politics and hate speech

Democracy, politics and hate speech

19 Sep 2020 07:08 AM IST

Post-colonial India has earmarked in the Preamble of its Constitution that the nation is Sovereign, Socialist, Secular, Democratic, Republic, Justice, Liberty and Equality. The term democracy has grown to the extent that for running a government, to win the elections, the proposed representative of the people of India contesting for
The case of uninterrupted supply of liquid medical oxygen to Madhya Pradesh without being influenced

The case of uninterrupted supply of liquid medical oxygen to Madhya Pradesh without being influenced

19 Sep 2020 07:05 AM IST

A Bench comprising of Hon’ble Mr. Justice S.C. Sharma and Hon’ble Mr. Justice Shailendra Shukla of the Hon’ble High Court of Madhya Pradesh at Indore (“Hon’ble Court”) in the case of Maharaja Yeshwant Rao Hospital (M.Y. Hospital), Indore Vs. Union of India & 2 Others (being W.P. (C) No. 13812
Losing ground of economic freedom: Moving beyond the rhetoric

Losing ground of economic freedom: Moving beyond the rhetoric

18 Sep 2020 07:59 AM IST

There is an urgent need to correct inadequacies in banking regulation which allow banks to accumulate NPAs. Alongside, there should be more options for restructuring of banking companies. Makeshift provisions such as one-time restructuring with creditors, Inter Creditors Agreement are not the long-term solution. Mergers of banks are also not
Etching the contours of public morality

Etching the contours of public morality

18 Sep 2020 07:56 AM IST

The debate was triggered by the Report of the Departmental Committee on Homosexual Offences and Prostitution published in 1957 by Sir John Wolfendon who recommended decriminalisation of homosexuality in the UK after a string of high-profile convictions. While Devlin opposed the Wolfendon Report’s recommendations, Professor Hart supported them.
Bail reforms in India: A clarion call

Bail reforms in India: A clarion call

17 Sep 2020 08:10 AM IST

The fundamental contention of bail reforms in India is to convert the ‘court of law’ into ‘court of justice’. This is a grave concern especially when NCRB data reveals that over half of the trials in the country end in acquittal of the accused. The overall conviction rate in India
Maratha reservation: Would it be another Indra Sawhney case?

Maratha reservation: Would it be another Indra Sawhney case?

16 Sep 2020 07:15 AM IST

Since there was continuous demand for Maratha Reservation till 2018, it was however, deferred due to unwillingness of political parties. However, the act was introduced during BJP Government which granted 16% reservation for Maratha; however, the act had been challenged & the Hon’ble Bombay High Court upheld the reservation &
How’s India tackling the disposal of Covid-19 bio-medical waste?

How’s India tackling the disposal of Covid-19 bio-medical waste?

15 Sep 2020 07:26 AM IST

With India topping the list of the most recorded Covid-19 cases in a day (about 90,000), the concerns regarding the management of the bio-medical waste, produced by the hospitals, nursing homes, health centres and households, used for the purpose of self-quarantine, are exponentially increasing.
I remember Ram Jethmalani as a very large-hearted man

I remember Ram Jethmalani as a very large-hearted man

14 Sep 2020 06:54 AM IST

Thank you, Mahesh. To commemorate your father’s memory is a great idea and everything said about him till now is true and valid, but let me say that above all I remember him as a very large-hearted man. I remember a person who I knew candidly that he virtually disliked,
Milestone case: Kesavananda Bharati vs State of Kerala

Milestone case: Kesavananda Bharati vs State of Kerala

12 Sep 2020 07:37 AM IST

A tussle between India’s two paramount democratic institutions—Parliament and judiciary.
Is Article 32 available against the judiciary?

Is Article 32 available against the judiciary?

11 Sep 2020 07:43 AM IST

There is no reference anywhere in the 18 paragraphs of H.M. Seervai’s discussion on the issue to the Constituent Assembly debates which clearly demonstrate that the judiciary is not part of the State under Article 12 of the Indian Constitution.
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